| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 446/09 |
| Hearing date | 11 Nov 2009 |
| Determination date | 10 December 2009 |
| Member | M Urlich |
| Representation | S Mitchell ; K Dunn |
| Location | Auckland |
| Parties | Phillips v Ports of Auckland Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant dismissed for failing to notify respondent of non-attendance at work – Applicant claimed respondent failed to consider applicant unwell before making dismissal decision – Applicant sought reinstatement – Respondent argued applicant’s return to work after workplace injury was patchy and failed to advise attendance – Respondent argued no reasonable explanation provided by applicant for failing to attend physiotherapy appointment – Applicant claimed struggling to adjust to medications and de-motivated by light duties regime – Authority found no reasonable basis for respondent not to accept applicant’s explanation for non-attendance – Found fair and reasonable employer would have sought further information to better understand applicant’s issues – Found fair and reasonable employer would have accepted applicant’s explanation given factors presented – Found respondent’s conclusions about applicant’s previous work history not fairly put to applicant for comment – Found unclear from evidence what and how other mitigating factors had been considered by respondent – Dismissal unjustified – REMEDIES – Authority found applicant recovering from injury and reinstatement posed no practical difficulty if given light duty regime – Found final written warning no barrier to reinstatement in circumstances – Reinstatement ordered – No contributory conduct – No claim for lost wages – Found $5,000 compensation appropriate |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc ($5,000) |
| Main Category | Personal Grievance |
| Statutes | ERA s125;ERA s125(2);ERA s103A |
| Cases Cited | Air New Zealand Ltd v V [2009] ERNZ 185 |
| Number of Pages | 7 |
| PDF File Link: | aa 446_09.pdf [pdf 38 KB] |